Bombay High Court

SHARDOPASAK SHIKSHAN SANSTHA THROUGH ITS PRESIDENT AND OTHERSversusTHE JOINT CHARITY COMMISSIONER LATUR REGION AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is dismissed, upholding the orders of the Joint Charity Commissioner and Deputy Charity Commissioner.

Summary

The petitioners, a public trust, sought a writ of certiorari to quash the Deputy Charity Commissioner’s rejection of their application for provisional acceptance of Change Report No.436 of 2024 and the Joint Charity Commissioner’s dismissal of their revision. They argued that the previous managing committee’s term had expired, elections were duly held on 23 May 2024, and the interim order allowing day‑to‑day administration did not bar them from conducting elections. The respondents contended that the interim order expressly restricted the managing committee from taking any policy decisions, including holding elections, and that the earlier change report of 2019 had been rejected, casting doubt on the legitimacy of the 2024 election. The court examined whether the managing committee had authority to hold elections and whether the provisional acceptance could be granted pending the pending inquiry. Finding that the validity of the election was questionable and that the Deputy Charity Commissioner was correct to reject the provisional acceptance, the court dismissed the writ petition.

Issues considered

Whether the Deputy Charity Commissioner was justified in rejecting the petitioners' application for provisional acceptance of Change Report No.436 of 2024.
Whether the managing committee, operating under the interim order, had the authority to conduct elections for a new term.
Whether the writ petition seeking to quash the orders of the Joint and Deputy Charity Commissioners should be entertained.

Subjects

charity law
public trust
change report
managing committee election
provisional acceptance
writ of certiorari
interim order

Judgment

2026:BHC-AUG:7083

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 7187 OF 2025

Shardopasak Shikshan Sanstha Through Its President And
Others
VERSUS
The Joint Charity Commissioner, Latur Region And Others
…
Advocate for Petitioners : Mr. N.P. Patil-Jamalpurkar
AGP for Respondents no.1,2 : Mr. K.N. Lokhande
Advocate for Respondents no.3 to 5: Mr. S. B. Gastgar
…

CORAM : S. G. CHAPALGAONKAR, J.
Dated : February 17, 2026

FINAL ORDER :-
1. Present writ petition is filed with following prayer :-
“C”.The order dated 16.5.2025 passed by the Joint Charity
Commissioner, Latur Region, Latur in Revision No.92 of
2024 and the order dated 8.7.2024 passed by the Deputy
Charity Commissioner, Latur in Misc. Application No.437 of
2024 in Change Report No.436 of 2024 may please be
quashed and set aside and the Misc. Application No.437 of
2024 filed by the petitioners for provisional acceptance of
Change Report No.436 of 2024 deserves to be allowed, by
issuing writ of certiorari or any other appropriate writ, order
or direction in the nature of writ of certiorari.”

2. Petitioner no.1 is a Public Trust registered vide no.F-144

(Latur). The petitioners runs Educational Institutions having

152 to 200 employees. Petitioner no.2 reported change

regarding elections held on 23.5.2024 for the tenure from

23.5.2024 to 22.5.2029. Accordingly, inquiry no.436 of 2024
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was taken up by the Deputy Charity Commissioner, Latur.

Petitioners had also filed a Misc. Application No.437 of 2024

requesting to provisionally accept the change report.

Simultaneously, respondent nos.3, 4 and 5 had filed counter

change report in inquiry no.383 of 2024 alongwith M.A.

No.384 of 2024 for provisional acceptance. The learned

Deputy Charity Commissioner rejected MA No.437 of 2024

seeking provisional acceptance of change report in inquiry

no.436 of 2024. The aggrieved petitioners filed Revision no.92

of 2024 before the Joint Charity Commissioner Latur.

However, learned Joint Charity Commissioner by impugned

order dated 16.5.2025 dismissed the revision no.92 of 2024.

Hence, this petition.

3. Mr. N.P. Patil-Jamalpurkar, learned advocate appearing

for the petitioners would submit that last undisputed change

report regarding election of 2019 was accepted by the Deputy

Charity Commissioner, Latur in CR No.235 of 2015.

Uncontroverted Managing Committee was in power since 2013

till 2018. Majority of the Members of Managing Committee in

Change Report no.436 of 2024 were part of management

during 2013 to 2018. Elections for next tenure of 2019 to
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2024 were held on 19.2.2019. Eventually, Change Report

no.1304 of 2019 was filed. During pendency of the said

change report, interim arrangement was made as per

directions given by this Court in Writ Petition no.11633 of

2019 and Managing Committee elected on 19.2.2019 was

allowed to administer day-to-day affairs of the public trust

except the rider not to take major policy decisions. Mr. Patil

would submit that since term of election of last committee was

to expire in the year 2024, further elections were held and

accordingly, change report no.436 of 2024 has been filed

before Deputy Charity Commissioner alongwith application for

provisional acceptance. However, Deputy Charity

Commissioner rejected the prayer for provisional acceptance

on the ground that Managing Committee, who was

administering the Trust under Interim orders passed by this

Court was not authorized to conduct elections as they were

prevented from taking policy decision. Mr. Patil would urge

that since the members, who are in-charge of administration of

the Society from 2013 are managing the trust in terms of fresh

election, which is subject matter of Change Report no.436 of

2024, there was no impediment in allowing the application for

provisional acceptance of change report. Mr. Patil would
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therefore urge to allow writ petition by setting aside impugned

orders.

4. Per contra, Mr. Gastgar, learned advocate appearing for

respondents nos.3 to 5 would support impugned order. He

would submit that CR No.1304 of 2019 has been rejected vide

judgment and order dated 22.4.2024. The Joint Charity

Commissioner observed that by interim order dated 23.1.2020

passed by this Court on in writ petition no.11633 of 2019, last

Managing Committee was permitted to manage and administer

the day-to-day affairs of the Trust with specific rider for taking

policy decision. Their powers were restricted to disbursement

of salary of staff members, spending of amount for day-to-day

maintenance up to Rs.1 Lakh. Therefore, it was not expected

from them to take any policy decision including the decision to

hold the elections.

5. Change Report No.436 of 2024 is filed contending that

elections of Managing Committee has been conducted on

23.5.2024 as the reporting trustees had requested

President/Secretary to hold the elections as tenure of the

Managing Committee was already expired. Accordingly,

Election Officer was appointed on 23.5.2024 and elections
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were held. The aforesaid events would show that

petitioners/Trustees, who were in-charge for day-to-day

administration of Trust proceeded to hold the elections on

23.5.2024 without prior permission from the competent

authority and declared themselves as elected in the election

held on 23.5.2024. Accordingly, C.R. No.436 of 2024 is filed.

6. Learned Joint Charity commissioner is therefore right in

prima facie observing that validity of such election or right and

authority of the Managing Committee to hold election itself is

questionable. Pertinently, last change report submitted by

petitioners is rejected by Deputy Charity Commissioner after

full-fledged inquiry. There is doubt as to validity of

membership of some of the trustees. The question as to

validity of reported election needs in-depth deliberation in

pending CR No.436 of 2024. In that view of the matter, when

on prima facie consideration of the material, legality of

election and consequential change report is questionable, there

is no reason to allow the application for provisional acceptance

of the Change Report.

7. So far as issue of day-to-day administration of the Trust

is concerned, the petitioners may approach Deputy Charity
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Commissioner and request for passing the workable orders till

final decision in Change Report Inquiry no.436 of 2024. With

the aforesaid observations, writ petition stands rejected. No

costs.

( S. G. CHAPALGAONKAR, J. )
…
aaa/-f

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